Rapid Assistance for Allegations in Financial Criminal Law
Financial criminal proceedings do not begin with the service of an indictment or a penal order, but at a much earlier stage: for example, with an inspection, an external audit, a request to submit a statement, a summons for questioning, a notification of the initiation of financial criminal proceedings or a house search.
Which documents are submitted, whether a written defence statement is made, whether a self-disclosure with exculpatory effect under section 29 of the Austrian Fiscal Penal Code (FinStrG) is still possible, and how parallel tax proceedings or criminal proceedings should be handled are usually matters that are determined at an early stage and should be carefully assessed in advance.
We support you from the first moment of suspicion through to the conclusion of the proceedings. This includes access to the file, the legal assessment of the allegation, the analysis of the value amount determining the penalty, the preparation of questioning and written statements, as well as the defence in the court trial.
Defence in Judicial Fiscal Criminal Proceedings
A particular focus of our work lies in the defence in judicial fiscal criminal proceedings, including the associated investigation proceedings falling within the remit of the Public Prosecutor’s Office or the Central Public Prosecutor’s Office for Combating Economic Crime and Corruption (WKStA). The corresponding jurisdiction applies in particular to intentionally committed financial offences involving a high value amount determining the penalty. Certain financial offences always fall within the jurisdiction of the courts.
Typical cases concern allegations of tax evasion (Section 33 of the Austrian Fiscal Penal Code), tax fraud (Section 39 of the Austrian Fiscal Penal Code) or cross-border VAT fraud (Section 40 of the Austrian Fiscal Penal Code). In addition to substantial fines, custodial sentences, forfeiture, compensation in lieu of forfeiture, cost consequences and significant reputational damage may also arise. For entrepreneurs, managing directors and senior executives, corporate law, professional regulatory and economic consequences may also have to be taken into account.
Defence in judicial fiscal criminal proceedings therefore requires relevant experience, precise analysis of the case file and a clear understanding of the underlying tax law issues.
Financial Criminal Proceedings against Companies and Decision-Makers
Allegations under financial criminal law often affect not only individuals, but also companies. In practice, the question regularly arises as to who within the company was responsible for tax returns, payments, approvals and internal processes. Managing directors, board members, senior executives and persons exercising de facto responsibility may face personal liability under financial criminal law.
In addition, companies may themselves be affected as accused legal entities, in particular through fines imposed on legal entities. Financial criminal proceedings therefore frequently have a dual dimension: the defence of natural persons and the representation of the company. Reputational risks, duties of corporate bodies, employment law issues, corporate law consequences and insurance matters must also be considered.
Our Services in Financial Criminal Proceedings
Our main areas of practice in financial criminal law include in particular:
- reviewing and preparing a self-disclosure under Section 29 of the Austrian Fiscal Penal Code
- representation in administrative financial criminal proceedings
- defence in court financial criminal proceedings
- preparation for and attendance at questioning
- drafting statements and applications to take evidence
- defence in the court trial
- appeals against decisions of the financial criminal authorities and the courts
- assistance in the event of house searches
- coordination with tax advisers, auditors and internal departments
- representation in parallel white-collar criminal investigations
- compliance advice and employee training
If you are confronted with an allegation under financial criminal law or if there are first indications of impending financial criminal proceedings, prompt legal assessment is advisable. An early defence strategy can help avoid mistakes, make use of available room for manoeuvre and ensure that the next steps are taken in a controlled manner.
